ALEXANDER v. FEENEY et al
ORDER THAT PLAINTIFF'S CLAIMS AGAINST THE CITY OF PHILADELPHIA, DISTRICT ATTORNEY ARNALDO PUENTE, ASSISTANT DISTRICT ATTORNEY FEENEY, JUDGE CHRIS R. WOGAN, DISTRICT ATTORNEY SETH WILLIAMS, ASSISTANT DISTRICT ATTORNEY ROBIN GODFREY AND ASSISTANT DISTRICT ATTORNEY HUGH BURNS ARE DISMISSED WITH PREJUDICE FOR THE REASONS STATED IN THE COURT'S MEMORANDUM. THE CLERK OF COURT SHALL REMOVE COMMONWEALTH OF PENNSYLVANIA, PHILA., COUNTY AS A DEFENDANT. THE CLERK OF COURT SHALL ISSUE SUMMONSES FOR THE REMAINING DEFENDANTS, SERVICE OF THE SUMMONSES AND THE AMENDED COMPLAINT SHALL BE MADWE UPON THE DEFENDANTS BY THE U.S. MARSHAL SERVICE IN THE EVENT THAT WAIVER OF SERVICE IS NOT EFFECTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/7/14. 5/7/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MR. FEENEY, et al.
AND NOW, this ex day of May, 2014, upon consideration ofplaintiffspro se
amended complaint (Document No. 18), it is ORDERED that:
Plaintiffs claims against the City of Philadelphia, Detective Arnaldo Puente,
Assistant District Attorney Feeney, Judge Chris R. Wogan, District Attorney Seth Williams,
Assistant District Attorney Robin Godfrey and Assistant District Attorney Hugh Bums are
DISMISSED with prejudice, pursuant to 28 U.S.C. § 1915A(b)(l), for the reasons stated in the
The Clerk of Court shall remove "Commonwealth of Pennsylvania, Phila.
County" as a defendant because that entity was not named as a defendant in the amended
The Clerk of Court shall issue summonses for the remaining defendants. Service
of the summonses and the amended complaint is to be made upon the defendants by the U.S.
Marshals Service in the event that waiver of service is not effected under Fed. R. Civ. P. 4(d).
To effect waiver of service the Clerk of Court is specially appointed to serve written waiver
requests on the defendants. The waiver of service requests shall be accompanied by copies of
the amended complaint, and shall inform the defendants of the consequences of compliance and
failure to comply with the requests. The requests shall allow the defendants at least 30 days from
the date they are sent (60 days if addressed outside any judicial district of the United States) to
return the signed waivers. If a signed waiver is not returned within the time limit given, the
Clerk of Court shall transmit the summonses and a copy of the amended complaint to the U.S.
Marshals Service for immediate service under Fed. R. Civ. P. 4(c), and a copy of this order is to
be directed to all remaining parties.
All original pleadings and other papers submitted for consideration to the Court in
this case are to be filed with the Clerk of Court. Copies of papers filed in this Court are to be
served upon counsel for all other parties (or directly on any party acting pro se ). Service may be
made by mail. Proof that service has been made is provided by a certificate of service. The
certificate of service should be filed in the case along with the original papers and should show
the day and manner of service. An example of a certificate of service by mail follows:
"I, (name), do hereby certify that a true and correct
copy of the foregoing (name of pleading or other paper)
has been served upon (name(s) of person(s) served) by
placing the same in the U.S. mail, properly addressed,
this (day) of (month), (year).
5. Any request for court action shall be set forth in a motion, properly filed and served.
The parties shall file all motions, including proof of service upon opposing parties, with the
Clerk of Court. The Federal Rules of Civil Procedure and local rules are to be followed.
Plaintiff is specifically directed to comply with Local Civil Rule 7 .1 and serve and file a proper
response to all motions within fourteen (14) days. Failure to do so may result in dismissal of this
Plaintiff is specifically directed to comply with Local Rule 26. l(f) which provides
that "[n]o motion or other application pursuant to the Federal Rules of Civil Procedure governing
discovery or pursuant to this rule shall be made unless it contains a certification of counsel that
the parties, after reasonable effort, are unable to resolve the dispute." Plaintiff shall attempt to
resolve any discovery disputes by contacting defendant's counsel directly by telephone or
No direct communication is to take place with the District Judge or United States
Magistrate Judge with regard to this case. All relevant information and papers are to be directed
to the Clerk.
In the event the summons is returned unexecuted, it is plaintiffs responsibility to
ask the Clerk of Court to issue an alias summons and to provide the Clerk with the defendant's
correct address, so service can be made.
The parties should notify the Clerk's Office when there is an address change.
Failure to do so could result in court orders or other information not being timely delivered,
which could affect the parties' legal rights.
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